Music Giants Sue Baidu Over Music Downloads
chengee writes "Music giants Universal, EMI, Warner, Sony BMG and their local subsidiaries are suing Chinese search engine Baidu for allegedly infringing the copyright of hundreds of songs, a press report said Friday. Looks like the party is going to be over for Chinese downloaders. But more importantly how will this lawsuit turn out in a place known for its lax copyright laws?"
This round? Probably something in spirit in favor of the RIAA, but still not as well enforced or as speedily as they would like. Not as fast as, say a tune with the lyrics like "Taiwan Independence Day, Hooray!" or "Falun Gong, get it on", where everyone would remark at the swiftness and finality of their enforcement.
But with the looming US debt owed to China, how long before they say, "No, Yankee, we don't feel like it. What are you going to do about it" and grin the grin of one who knows they hold the other by the short hairs?
China has a track record of honoring treaties and peace when they have larger goals in sight. Once they have achieved those goals... The West will see how much they really care what the rest of the world has to say and tell it what opinion it should share of the great PRC.
They're patient, they've put up with hundreds of years of crap and they know it. Has the West forgotten?
There has been a growing concern among investors over the company's prospects. Its shares dropped 28 percent in New York Wednesday after two analysts warned the stock was seriously overvalued.
And yet Google isn't?
A feeling of having made the same mistake before: Deja Foobar
Avast ye scurvy scaliwags, it be the plank for ye! Arr!
If brevity is the soul of wit, then how does one explain Twitter?
Now they're going to have to stick to buying DVDs for a dollar on the streets.
Their copyright laws aren't lax, but their enforcement is.
Sue the person who finds the links, not the person hosting the files? Like the Perfect 10 vs. Google for finding pictures on none Perfect 10 websites.
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Seem like there will always be a way to copy digital music and give it freely to others. How is it possible to stop the practice? Eventually those who make a living from music with be as rich as poets.
Help end the use of Sigs. Tomorrow
Welcome to China.
Where you can walk down the street and buy hundreds of western media, IP, software and music products from corner pirate bootleggers, and nobody bats an eyelash.
But if you want to start a search engine that might help people find resources online, well, that won't be stood for. People might use that to "pirate" things.
This perfectly encapsulates the spirit of modern China: The capitalistic freedoms to lie, cheat and steal, but not the humanist freedoms to speak, organize and share information.
If you have ever been to Malaysia, Russia, or Thailand, or any of the other main locations in which there are extremely lax copyright laws, you will agree with me when I say that this will change nothing. There may be a president set, after which we will see a stronger law, which may be enforced once or twice, like the 100 bat fine placed on anyone caught selling illegal videos and music at the PanTib center in Bangkok, but after the initial constrictions, I think that life will go on for those chinese downloaded. To you guys: It may take a while for the party to get going again, but dont put down your collar just yet, threes still a lot more sex drugs and alcohol to be had.
There be no treasure here, matey! Arrrr. If tis pirates they seek, tis pirates they find in these high seas. Arrrr.
The land lubbers be afterrr us for piracy, but I swear on my right eyepatch that we be faring better than the fate of walking the plank. Arrrrr.
Baidu be giving treasure maps to this here loot and booty (points with hook hand) but for all the enterprising yellowbeards, we have ways to bury our pirate gold. Arrrr.
"Old pirates, yes, they rob i;
Sold I to the merchant ships,
Minutes after they took i
From the bottomless pit."
-- Redemption Song (Bob Marley)
"From the copyright point of view, we think differently than the music companies. Baidu is just a platform for music search," Liang said.
Why aren't they suing Google as well? Google makes it possible to find copyrighted material? Of course one could use a search engine to find the people who are providing illegal copies and sue them.Bradley Holt
Seems rather subjective to me. I mean, granted -- I'm no expert on China's copyright laws (but I can pretend if you'd like since this IS /.) but are their laws really lax or is the submitter just so used to his own laws that they SEEM lax. Personally, I find much of US copyright law overly restrictive and biased toward corporations.
Additionally, I don't know if laws can even be lax. Seems like it's the enforcement that should be called lax rather then the law. After all, the laws DEFINE what's legal. Perhaps lenient would be a better word?
And who wants to make a living from music anyways?
I always wondered when I added 'filetype:mp3' to my search why Google yielded zero results. Is this a copyright thing?
-Valiss
Don't you mean more sensible copyright laws?
Carpe post meridian
So imagine if instead of doing what we all assume they're probably going to do (cave in to Sony, BMG et al), China turns round and says "Protect the artists? Sure! We'll do that - but only if you help us build a network that passes 100% of the purchase price of each MP3 directly to the artists that wrote or performed the tracks."
A few yuan multiplied by a few billion makes...?
"And the meaning of words; when they cease to function; when will it start worrying you?"
But more importantly how will this lawsuit turn out in a place known for its lax copyright laws?
Regretfully, future trade interests may surpass human rights interests, and the Chinese government may just execute a couple of these downloading "criminals" to demonstrate how earnest it is in complying with international commercial law.
Is it illegal chinese music or English music?
Is Baidu abiding by robots.txt files?
What about Yahoo's audio search?
http://audio.search.yahoo.com/
Three questions looking for three answers. Thank you.
I'd hardly call a death sentence, lax.
pirates, aye matey?
hmm I thought that downloading mp3s from websites died when napster arrived.
The music companies allege Baidu has made it easy for users to download illegal copies of their songs via its MP3 search engine What kind of law is that? So... how can this be considered illegal? If I tell you that if you connect to E-mule you can download the same MP3 am I commiting a crime?
I decided to take a peak at how this affected the Baidu (BIDU on Nasdaq) stock. (It didn't, this lawsuite seems to have happened after hours, so I'll have to wait for tomorrow to see any real affects.)
However, I was shocked to see the price chart of the stock for last week, on Yahoo finance. What the heck is that? Up 50% then down to where it started within three days? It reminds me of the summer of 2000...
My understanding, from dealing with people in New Zealand Trade and Enterprise (a government department here), is that the copyright laws in China are in fact fine, it's their enforcement that needs attention.
Never, ever lose a file again. Ever.
FTA:"He [Liang Dong, VP of Marketing -- Baidu] was reported to have met several music company executives Wednesday to discuss copyright issues, the Standard cited a source as saying, adding the goal was to "cooperate and make a platform for legal music downloads."
Liang said the discussions were "positive.""
This is the recording industry leaning on Baidu to come to terms with them. I'll bet if Baidu puts methods of discouraging illegal filesharing in place, and encourages legal (read: revenue-producing) downloads, the lawsuits will be dropped or settled out of court for a pittance.
Same MO as the earlier article today about the RIAA possible dropping huge settlement demands against Grokster et al.
"Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
(mentioned in TFA as their source): online here.
That's 'hearty' as in 'a hearty fellow'.
On the high seas, it's assumed, of course, that -everyone- is hardy, else they'd have drowned already while leaning over the railing a bit too far when puking out their guts. But one greets one's fellows as 'me hearty', essentially complimenting them on their uncanny ability to remain in good spirits in the face of endless days of cold wind and salt water and fish stew yet again.
Please keep it straight, or they'll all know you for land-lubber and you'll be walking the plank in no time... if they don't keelhaul you instead.
--Parity
'Card carrying' member of the EFF.
I mean, why not? Everything else is: Hurricanes, wars, drugs, Gore's loss, etc.
If it's G.W.'s fault that the rest of the world hates us, then what the RIAA and other scumbag agencies do overseas in the 'name of the artist they represent', surely isn't helping much.
So when I hear that the U.S. is no different than China in this respect, I have to laugh. If China really cared about intellectual property as much as they did about even MENTIONING democracy, those 'reeducation camps' would be way over occupancy by now.
Yeah, the U.S. and China are practically the same country... Funny though... When was the last time YOU were in a reeducation camp (public schooling aside, of course)?
"...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
Arrgh! You're good to post on International Talk Like a Pirate Day. Be a right-good pirate, and keep up your plundering and gold-scavenging. Argh.....
People who post to slashdot as AC with bullshit like this, suck as much as the corrupted US politicions. You just solidify this. 'nuff said.
Who is Sue Baidu?
Why does she work for the Music Giants? Are they a baseball team?
And if she has got over music downloads, why haven't the rest of the RIAA got over them?
"Music Giants Sue Baidu Over Music Downloads." Well, she's a start. Now if only the rest of them catch on...
And in other news: Allies push bottles up Germans.
I am anarch of all I survey.
Hurricanes? Try http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2 005/09/02/national/w142153D44.DTL or a similar story where he admits the faults in his administration in responding.
Wars? I don't think I need to give a link, W had at least a little to do with a war or two in recent history.
I don't know what you're referring to with the drugs, however. No one makes that claim.
Gore's loss? Well, yeah, that would be largely because of W.
W's fault that the rest of the world hates us? http://www.twf.org/News/Y2002/1109-Poll.html isn't scientific, but it shows some attitude about this in lieu of a scientific European poll that I can't currently find.
The main point, however, is that it was said the US and China are similar in one particular aspect. All of your later sarcastic comments are invalid by that same virtue, although you apparently knew that the author only meant it in that one respect. Adherence to treaties, or lack thereof, does not mean that the US has re-education camps. No one is saying that the United States and China are "practically the same country".
That should be "parroty" not "parity".
Hmmm... Do you think the US is any different than China?
Let's talk oppression:
Guantanamo Bay
They open a POW camp in Cuba, who hasn't signed the Geneva convention. How fitting isn't it?
And you Americans complain that the Chinese govt censors, but google does the same thing under the name of the DMCA. Give me a break.
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Care to provide some proof? (Score:0)
by Anonymous Coward on Monday September 19, @06:50PM (#13599648)
How very appropriate.
Do you think the US is any different than China?
Yes. In many ways we're moving in the wrong direction, but we have quite a ways to go before we reach the level of the tyrants in Beijing.
And you Americans complain that the Chinese govt censors, but google does the same thing under the name of the DMCA.
No, that is not remotely close to the same thing. The DMCA sucks, but I can say that the DMCA sucks without being hauled away and shot by government stormtroopers.
How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
"This perfectly encapsulates the spirit of modern China: The capitalistic freedoms to lie, cheat and steal, but not the humanist freedoms to speak, organize and share information."
Capitalism is not about lying, cheating, and stealing. These actions are against capitalism. Capitalism is about free, open, voluntary trade where each person understands exactly what they're getting in a transaction. Unfortunately, in real life, both buyers and sellers lie, cheat, and steal to make up for deficiencies and gain an unfair advantage.
Vote for Pedro
Bam...instant grassroots support for Baidu. Or whatever the grassroot equivalent is in a communist state.
The US Senate voted 100 to 0 against it for damed good reasons even that even the most vocal left Senators couldn't vote against. Clinton signed it but that signature carried no, I repeat no weight as agreements must be approved by congress (that old checks and balances thing). He knew this of course, but that didn't stop him from doing it anyway, with the obvious design to win brownie points with the greenies and leftists in other parts of the world. It worked for him too-you just proved it.
Unless something has changed recently the Chinese government has no respect for intellectual property.
Do they really expect to successfully sue these people?
Oh yea, like you didn't see this one coming.
"A microprocessor... is a terrible thing to waste." --
GeneralEmergency
Something tells me the PRC is going to tell teh racketeers over at RIAA to go play with themselves...
The proof => http://www.venganza.org
and India too, what the heck do they need us for? Seriously, if they're exporting, what are they importing? High end machinery that takes billions to build, food and our entertainment I suppose. But how much longer will they need/want that?
Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
The guy who posted below you is convinced that we ARE the same country.
The sad thing is, he is totally representative of the Left now - The kooky Left that is currently running the Democratic party. Reality checked out of the Dems party years ago - all they seem to have now is hate. Hate for G.W., hate for anyone that in any way agrees with him. Hate, hate, hate...
"...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
The only thing worse than a totalitarian communist country is a totalitarian communist country where the idea of music as a free, common good has gone out the window.
So now, in addition to encouraging the Chinese government to pimp out its poor so we can save a few shiny dimes at Walmart, we have the audacity to expect those same wage slaves to 'respect tha authoritah' of the corrupt US music industry?
Hello America, you can't bukkakke the world's poor and then wonder why you aren't seen as a bastion of freedom anymore. Wake up!
The word is precedent, from precede, to come before...
being hauled away and shot by government stormtroopers.
No, but rape and torture in Guantanmo Bay is okay right?
Recall McCarthy era, and the old Communist accusations has simply remanifested itself as Terrorist accusations instead.
Freedom in the US is fiction no doubt about that. (Not saying Canada is much better -> we have our own brand of stupidity here)
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We have one camp - ONE - filled with the scum of the earth and it has to be where it is because people like you (and your packs of lawyers) would be setting these bastards free once they hit our shores
Find me one transcript of one trial of any of these people.
Truth be told, y'all believe in due process when it suits you, but then you lock ppl up in Guantanamo Bay without trial.
You guys go wage war in the name of freedom, yet you ignore the notion of freedom at home. It's really pathetic IMO.
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http://mp3.baidu.com/m?f=ms&tn=baidump3&ct=1342177 28&lf=&rn=&word=maroon+5
I'm sorry, wanting to follow the constitution and bill of rights is going to "drag our country down... under the guise of political correctness"?
A desire for due process does not equal "etting these bastards free once they hit our shores. Free to commit more attocities, more murder in the name of their 'god'."
Opera, Proxomitron-Grypen,GPG 0x0A1C6EE3
Nice to see there are INFORMED Americans on Slashdot (I'm assuming you're american?! maybe?). Either way, it's a give and take relationship, we should learn to live in peace and harmony with everyone else. This can not happen if there is a "US" versus "THEM" mentality!
So you do not like the idea of placing war criminals in safe [to the criminals] jails.
I agree. The U.S. was way off base by moving such criminals to safe jales in Cuba. The U.S. should simply have turned them over to the Government of the country they invaded who would have promply tried them and despactched them to wherever right after Friday morning prayers.
Will say the few times I personally watched such executations on friday morning it was most interesting. First they duck walked the guest of honor out, then one guard stuck hin in the side with a small knifr which caused the kneck to extend at which point a second guard blade passed through. The head hit the ground still awake, the body jerked around still standing and blood spouted. The head was placed on a stick, stuck in the ground and the next guest was brought out to meet his friend. By the way this is not being made up and is not a joke. I was actuall there as a construction engineer and I actually watched such on several occasions in the early 60's.
Personally I think you need to leave Wander Land and find out what goes on in the rest of the world. Especially how loosing revolutionasists are treated by the winners be that Affrica, Europe, Asia, or South America. Sorry there has been no revoluition in North America, Australia, New Zealand in the last 50 years but I am willing to bet if there were one the response would not be much different. So you are right best turn such crininals over to the winners. Then ther would be little criticish from loco idits.
In a separate action to that brought by EMI et al, a Beijing court has just ordered Baidu.com to pay RMB68,000 to Shanghai Busheng Music Cultural Media Company. Busheng had accused Baidu of allowing Internet users to use the Baidu search engine to find and download copyright-protected music. The court has also ordered Baidu to stop providing the download services to online users. Baidu says it plans to appeal the decision. See http://today.reuters.com/news/newsArticleSearch.as px?storyID=221757+19-Sep-2005+RTRS&srch=baidu.
So perhaps the copyright laws will be enforced more strictly when it's locally-generated content that is being pirated.
Mao Tse Tung said one thing about how power flows. It is well to remind Imperialist lackey RIAA that they are all talk and have no Army or Navy or Air Force or Space Force. In fact, Imperialist RIAA and MPAA is not safe from Chinese version of Soviet KGB Spetznatz assassination units. Let the R I A A come to China and see how far they get...even how many steps they can take from their airplane when they arrive. Who is going to enforce a court order outside of China on Chinese interests in foreign countries when those countries themselves have vital properties in China and debts to China and even family in China. This is true of the Imperialist Lackey RIAA and MPAA as well. Who is going to have the stones to enforce the order of a foreign judge or 'arbiter' on a Chinese company in China. Just how many army groups will it take to reach, say, Nanking. How may Americans will be willing to die by the millions for the enrichment of the RIAA or MPAA
I wouldn't go as far as to say that China is a piracy haven, but it's pretty damned close.
They can't stop real pirates from mass producing actual DVDs and CDs; why in the fuck would they think that they can stop casual pirates on the internet?
LK
"Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
The point I'm making isn't to blindly let people go or not, but to follow the rules. There are many reasons there are rules the government has to follow.
Look, if someone is saying they will commit a crime, that can be brought before a judge. We have procedures in place now to deal with people we have arrested that we feel are too dangerous to let out on bail - namely, no bail.
But I cannot think of any good that can come from letting the government just hold anyone they like indefinately without charges or declaring them a POW.
If this is a war, then declare them POWs. There's already functions in place to deal with "enemy combatants" and has been for over a century.
What about innocent until proven guilty? You seem to be arguing for the government to tag people based on secret criteria, and by virtue of saying they are bad, get to ignore the constitution, geneva convention and anything else they want to ignore.
I think we've all seen how well unregulated police powers works out for a countries citizens in the past.
Opera, Proxomitron-Grypen,GPG 0x0A1C6EE3
I don't know how many Americans actually agree that GW should have the right to do this...
PLEASE, more, MORE!
.org that is the U.N.! Maybe Bush doesn't like them much since they SCREWED us on so many occasions (like oil for food, N. Korean nukes, etc.) You like talking about LIES, the LIES of G.W. Well, why are you silent about the U.N.'s LIES, huh? Have a LITTLE integrity would you?
YOU paint yourself into that 'wack-job' corner with statements like this: "...we just don't fscking care anymore."
Yep. Just who America needs to run their country - mad dog libs ready to take a bite out of everything just to have their little way.
And don't get me started about the corrupt
Well here's the deal Sparky, you don't own the media anymore - no more one sided bullshit. You'll have to compete for the truth from now on. You have everything else BUT Fox News (with a 65% plus news viewership now). Wow.. It can't be that you're not getting the message out - it MIGHT just be that your message SUCKS.
Kerry lost the last election - not because of the 'machinations' of Karl Rove (last I checked he wasn't running for office), but because Kerry brought NOTHING to the table. Referring people to his website on basic questions on Iraq or the economy, while geeky and great for Slashdotters, is not what most people will want to hear. If you can't sum up what you believe in a few sentences, than people doubt that you believe in anything!
In addition, you need to start acting like winners instead of sore losers. Mind you, that means you KNOW YOUR PLACE and stop acting like you have the majority voice all the time. You don't. Still though, every time a Gore or Dean opens his mouth, he brilliantly gives Rove everything he wants and more. To be honest - Rove can't control the fecal matter you folks spew, so you can only blame yourselves for your predicament.
You you're going to "put my head on a pike" then? VERY democratic of you! I guess the democracy only works when your side wins right? Do you know how many hours I used to sit in front of CNN and go, 'Son of a BITCH you guys SUCK!'? Nonetheless, I kept my civility, I chose to work within the system for a change. Whatever happened to non-partisanship? Oh right, Reps are supposed to be the 'good guys' and just lay down our necks while you sharpen the blade.
The biggest mistake you libs made was screwing the first Bush over with the 'no new taxes' thing. "Oh NOO, Mr. Bush, we won't make politcal hay over this! It's for the good of the country!' Yeah, TEN FUCKING MINUTES later you had Dems in a press conference out there screaming to the media about how Bush broke his promise. Well guess what? You live you learn. And as for you folks, you reap what you sow - that's in the Bible (not sure you'd know that).
That stunt FINALLY galvanized the Reps who, for the previous 30 or so years would usually take the high road and not retaliate or even defend themselves properly against you. Thanks to that brilliant move, you finally proved your party to be completely without morals or truthfulness. Stop blaming Rove for the gift you folks GAVE HIM!
Even the minorities are turning against you. After all, what the hell have you REALLY done for them? What? You think the Civil Rights bill was a Dem idea? Heh. Right. I'm sure Senator Byrd (former member of the KKK) was right behind that. The truth was, it was introduced my Reps and more Republicans voted for that bill, FAR more than Dems. You came to that party a little late also.
To my estimation, what the country is seeing now is the TRUE Left. Unfettered, unchecked, and out of fucking control.
Go get your pike you dumb ass, and I'll keep my 2nd amendment rights handy as well. And keep up the great posts! It helps remind people what you really stand for.
"...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
But... The 'rules' have changed haven't they? I mean it's not like the 9/11 bastards showed up in uniforms toting weapons, right? Our laws were made in a time when war was more... Uh... Civilized - if that makes any sense. Maybe organized is a better description.
These people are enemy combatants and I believe the gov't has sufficient evidence to keep them how they like.
And the 'no bail' argument is hardly sufficient for me. Remember, we live in an age of trial lawyers who managed to free O.J. for God's sake! I'm sorry, I'd rather not trust my family's security to lawyers and judges looking to make a name for themselves.
I have an idea: Let's try and convince terrorists to 'follow the rules' from now on, and we'll do the same? Think that'll work?
Maybe we should just go with the other alternative and carpet bomb any SPECK of resistance. You know, the way war USED to be like - winners and losers.
"...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
I noticed that you sidestepped the issue, and didn't supply any proof. Instead you just started name calling.
I can tell you this, it cost me $40 in tariffs to send an old computer monitor to a friend in Canada, as a gift. I also happen to know that Canada has huge tariffs on many USA goods.
If you can supply proof of USA wrong doing, I would be glad to read it.
You have your own brand of being a faggot too. With your flapping Canadian head.
But, aren't you free to commit more butt fucking in the name of faggot liberation and political correctness?
Any actions that China takes like this are just a matter of saving face. BT sites are allowed to operate in China and are even registered with the government. Check out Secret Cinema sometime, they're based in China: http://www.secret-cinema.com/
I see a lot of people attacking the chinese government over this, but as far as I can tell from TFA there doesn't seem to have been a decision in this case. The article states that Baidu has been sued, not that it has lost a lawsuit. Not only that but the lawsuit isn't even filed by the chinese government so how is this the chinese government bowing to media companies and restricting the web.
It's possible that I just missed a link to the decision, if I did could somebody please provide me the link, I am interest in reading about it.
I live in China, and it is just as easy to pirate chinese media. Ho hum.
The Chinese have always been good at lying and cheating, though of course that is overgeneralizing. Furthermore, as china becomes more metropolitan, the sharing of information can only increase. It's a side effect of being open to the global free market.
Pros and cons, trade-offs. At least there aren't so many fat chicks here.
A witty saying proves you are wittier than the next guy.
There's some information.. .I guess missing from the replies to this (Me or my friends have bought hundreds in several provinces):
-The standard price of a DVD in China on the street or a dirty shop is 6 RMB (79 US cents), that gets a sleeve, hilarious attempt at the original box and silk screened DVD. They usually have all the extras stripped to fit on a DVD5 but they have english (the original) audio with Chinese (often Traditional) subtitles.
-VCDs/DVCD/SVCD (SVCD is a Chinese made format to compete with DVD) can be as cheap as 1 RMB, but are usually 2-5 (5 is too much). These are more of a crapshoot -- often they don't have the original audio.
-Same prices for porn, often with blurred bits or just still pictures
-You can barter, but apart from bulk discounts, it isn't common
-roughly 1 in 10 don't work. My regular shops take returns or let you preview them.
hmm, maybe I should add that to my webpage
My list of multiplayer
piracy is bad china, true. and ppl from USA all respect copyrights, BS. in malaysia, i see thousands of westerners, coming here every year, bringing many a list of 20-40 movie titles. 1 list=20-40 titles,1 list for their every family members, from mother inlaw to daughter to neighbour. ending up going home with shitcases of pirated dvds. so who's the big consumer of pirated dvds? third world country ppl? obviously. but also westerners. the first thing a USA tourist ask a malaysian, "where can you get good quality dvds?" so who is paying to sleep with child prostitutes in sri lanka and thailand and other third world countries? mostly white westerners, thats who. now who is the hypocrite here? stop pretending like westerners are clean and really respect every copyright laws.
Really intresting to see how american big companies can cope chinese court in a suit based on chinese law !
They didn't expect Baidu to obey american law did they ?
Baidu lost first round of copyright dispute after one day of trial in the first instance. Baidu say that they will appeal.
We Americans didn't come to the U.K. and start blowing random shit up - we defended ourselves on our own territory and the Brits took it to us. Tell me again how taking out the WTC and the Pentagon 'helped' the people in Afghanistan.
This is a holy war based on religious principles. Our own revolution was fought due to high taxation and an inability to control our country's destiny. Nonetheless, the Brits were known to target the homes of our 'terrorists' and kill women and children as well so let's not quibble about who the real terrorists are/were.
But still, you didn't find American 'terrorists' in London then - bombing Big Ben and cutting off your heads in the name of Jesus Christ. That would be a more accurate comparison to what's happening now.
"...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
It's not music downloads that get a person into trouble. It's music uploads.
When will you learn that your so called hypocrisy can't survive outside your own land?
And FYI, compared to your draconian rules like DMCA it's you that's under communist rule while the rest of the world revel in true democracy.
Face it, your golden age has past. Time for you to wither away and be gobbled up with hurricanes...
To step back from specific countries involved in the current debate, there is one understanding that seems to be missing here...
There are no rules that a government follows. Only duty to it's citizens(or power base) and negotiations with other governments.
The rights and freedoms that are being disputed here are based on the rights that a country claims for it's own citizens. Due process is only guaranteed to the citizens of the country via that country's constitution, laws, etc. with the power of that society, in mass, to enforce that law upon itself.
A constitution and "innocent until proven guilty" only applies to citizens within a country, not POW's (or whatever you may call them).
All the rest of the POW, geneva convention, etc, is only supported in a treaty manner between various countries.
In this case, the country/combatants that would/could dispute the US stance doesn't respect the treaties either. There is no "you treat our people with respect and we will treat yours with the same"(unless you think that the US should chop off it's prisoners heads).
Third party allied countries that could exert influence to change the conditions don't have enough influence/interest to make a change. Non-allied countries don't find enough violation to pick a side.
After the dispute settles and the new government is making desicions for it's people about it's own people. They may make a stance for the treatment of it's citizens/war criminals. Or, given enough press, the citizens of the US or other countries with influence may dispute the treatment of the incarcerated. There may even be some kind of trial. But it won't be based on the values that US holds for it's own citizens.
Does it suck?
yep.
Is it fair?
when does fair ever make a difference in politics or international relations?
Will it change?
No. This situation exists and always had at those levels of government and power. Fortunately, it is better than it used to be in history.
The only thing that will change it is the attitude of the citizens, proliferation of information and the influence of the citizens on their government. In the US (or UK, any other open democracy), those things are not as high as they should be, higher than many countries, and definately higher than they are in the countries that have been in dispute with.
Guantanamo Bay
They open a POW camp in Cuba, who hasn't signed the Geneva Convention. How fitting isn't it?
1. It's a US military base, so it's bound by the Geneva convention.
2. The people who were brought there were not wearing uniforms. Therefore, under the Geneva Convention, they are NOT POWs and have NO RIGHTS. The Geneva Convention would not prevent any country from torturing them and then killing them. Now, I'm not saying that the US should do this (or that it's been done), but that they have no legal responsibility under the Geneva Convention.
"Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
The rights that you are talking about, technically, only apply to citizens.
If this is a war, then declare them POWs.
However, as they are not members of a standing army and were not in any uniforms when captured - they don't fit the description of POWs.
There's already functions in place to deal with "enemy combatants" and has been for over a century.
Yes, there have been. Namely: shoot on sight. It's only been in the last few years that our rules of engagement have disallowed this
"Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
What rules are over any government?
Answer: what the citizens/power block of the government decides.
The "rules" should apply. And quite frankly, I agree that there should be rules concerning this type of thing.
However, if you have someone in your prison that your citizens or those in power of your government don't like/care about/want dead, and the other governments that you are negotiating with don't care and the opposing force has nothing to exchange or even adheres to the rules themselves, what rules do you have to adhere to? Who enforces them. Who can dictate what the rules should be?
Your opinion of what the rules are and who they apply to doesn't mean anything to the real world. The power is in the populous and those that can oppress the populous. Generally the power in the populous is better used than that of the oppressors, but it is far from perfect. Maybe what you are looking for is a theocracy or worldwide dictatorship so the populace always agrees on the ultimate good and adheres to it under penalty from a god/dictator. Of course, that would probably make the current prisoners dead and open all kinds of corruption of religious fanatics or dictator oppression. Until that happens, we are stuck depending on the insufficient morality of the public.
they are NOT POWs and have NO RIGHTS.
In America, everyone has certain inalienable rights, but I guess a US base doesn't count.
Furthermore, if America is fighting a "War on terror" and have detained someone for being involed in terror, can't we assume that they are a "Prisoner of War"?
America just changed the definition so that they don't have to abide by international law. They are POW's, being held without trial or due process, many for an unjustified period. That's why I compare the US to China - this is a callous act.
Again, my country is no better. Canada imprisoned and eventually deported Zundell without trial or due process either. I don't support Zundell, but support his right to trial.
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Btw, here's an article that explains which articles of the Geneva convention the US has violated.
They spin laws in their favour. Simply calling them detainees instead of POW's itself is a violation of article 4 of the Geneva convention. After all, the term detainee is nothing more than a euphamism for prisoner anywah.
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Simply calling them detainees instead of POW's itself is a violation of article 4 of the Geneva convention.
Reading article 4, the only place that I can see these guys as potentially being covered is 4.A(2):
(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:[ (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war.
Of course, since they violate sections b and d, they don't fall under this section. The US cannot violate the Geneva convention if the people in question don't fall under it's juristiction.
"Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
In America, everyone has certain inalienable rights, but I guess a US base doesn't count.
Nice try at taking my sentence out of context. I said "under the Geneva Convention they are NOT POWs and have NO RIGHTS." In other words: they don't derive any rights from the Geneva Convention. They have to come under one of the 4 groupings of Art 4.A in order to gain those rights.
Now, the US was founded on a philosophy of inalienable rights. However, like all governments, the US has a responsibility to protect it's citizens. Now, the government is in a place where to give these people "life, liberty, and the persuit of happiness" would end up taking it away from others (namely: US Citizens).
Furthermore, if America is fighting a "War on terror" and have detained someone for being involed in terror, can't we assume that they are a "Prisoner of War"?
"Prisoner of War" has become a legal term, so it depends on if they fit the description. Of course, one of the requirements is that their group "[conduct] their operations in accordance with the laws and customs of war."
Note: I don't necessarily think that everything done by the US, it's allies, particular individuals elected or employed by the above, etc. is what should be done. I just see that we can't be throwing around things like 'the geneva convention' and the 'right to a trial' without determining if there is a basis for such.
"Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
WTF?? Who ever said Westerners respect copyright laws? Who do you think invented Napster and all the other P2P networks? Westerners did, mostly Americans.
The only Westerners who are extremely concerned with copyright laws are 1) media company executives, and 2) their paid puppets in government. Your average American citizen doesn't give two shits about copyright laws, as you see by all those who stock up on pirated DVDs in Asian countries, all those who use P2P, etc.
Don't confuse regular people with their government, or the rich bastards running the huge corporations.